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A recent case decided in a lower New York court indicates an interesting use of the virtual acceptance. Neither the decision nor the opinion is of great import, but the case is noteworthy because of the theory advocated by the plaintiff which shows a clever (and successful) attempt to adapt a principle developed during the last century to a modern type of credit transaction. In addition, it furnishes an opportunity to discuss a significant change made by the Uniform Commercial Code in the field of Negotiable Instruments. The action was brought by the financer of a credit club to collect obligations incurred by a credit card user. The credit plan, a tripartite contract, involved the following parties: the Esquire Club, Gale Creations which was a "company member" of the club, and Kass, an employee of Gale Creations who had been issued a card by the club in accordance with the arrangement. Gale Creations having become insolvent, collection was attempted from Kass who had made the purchases.

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Boston College Industrial and Commerical Law Review



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Negotiable Instruments, Credit Cards, Uniform Commercial Code

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Law Commons



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